Document Citation: 34 Pa. Code § 323.6

Header:
PENNSYLVANIA ADMINISTRATIVE CODE
Commonwealth of Pennsylvania
TITLE 34. LABOR AND INDUSTRY
PART XIII. WORKER AND COMMUNITY RIGHT-TO-KNOW ACT
CHAPTER 323. HAZARDOUS SUBSTANCE LIST

Date:
08/31/2009

Document:

§ 323.6. Onsite testing of environmental hazards

(a) The Department may conduct, at its own expense and for good cause shown, on-site testing for environmental hazards or use other methods that will provide more exact information concerning the environmental hazards reported in the Environmental Hazard Survey under section 3(g) of the act (35 P. S. § 7303(g)). The action will be considered by the Department upon receipt of a written request which contains the following information:

(1) The name and address of the requesting party.

(2) A reasonable description or name of substances requested to be tested.

(3) The specific reasons why the requested testing is desired.

(4) The name, address and location of the company and workplace or work area where the testing is requested to be conducted.

(5) The efforts made to obtain the information sought through the testing.

(6) Additional information the Department considers pertinent to the request.

(b) Interested parties for purposes of consultation with respect to a request for on-site testing include the following:

(1) The employer responsible for completing the Environmental Hazard Survey for the workplace for which testing is required.

(2) The party requesting the on-site testing.

(3) Other parties that the Department may consider, in its discretion, to have an appropriate interest in the testing request.

(c) The workplace employer or site owner may conduct on-site testing instead of the Department. Upon the written request of the owner or employer, the Department will detail, in writing, the type and methods of testing and provide technical assistance to aid the owner or employer which chooses to conduct testing instead of the Department.

(d) In an emergency, the Department may undertake testing at the Commonwealth's expense. The Department, at its discretion, will determine situations which constitute emergencies for purposes of this section.

(e) The Department may not conduct on-site testing which has already been conducted by the OSHA, the Department of Environmental Resources or the Mine Safety Health Administration.